...natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the con...demands of the public interest on the one hand and the applicants’ right to the peaceful enjoyment of their possessions on the other.There ...ECHR. This case sets the field of adverse possession and its interface with the right to peaceful enjoyment in all its complexity.56. Therefore it...

...excessive burden and upset the fair balance between the demands of the public interest on the one hand and the applicants' right to the peaceful enjoyment of their possessions on the othe...referred to for the Grand Chamber Hearing of the ECHR. This case sets the field of adverse possession and its interface with the right to peaceful enjoyment in all its complexity...:“Every natural or legal person is entitled to the peaceful enjoyment of his possession. No one shall be deprived of his possession except in the public inter...

...Protection of Human Rights and Fundamental Freedoms (“the Convention”), which reads as under:“Every natural or legal person is entitled to the peaceful enjoyment of his ...the one hand and the applicants' right to the peaceful enjoyment of their possessions on the other.There has therefore been a violation of ...laid down three-pronged test to judge the interference of the Government with the right of “peaceful enjoyment of property”. While referring to Beyeler v. Italy ...

...burden and upset the fair balance between the demands of the public interest on the one hand and the applicants’ right to the peaceful enjoyment of their possessions on the other...-pronged test to judge the interference of the Government with the right of “peaceful enjoyment of property”: (SCC p. 79, para 53)“53. … [In...the ECHR. This case sets the field of adverse possession and its interface with the right to peaceful enjoyment in all its complexity.56. Therefore it will have to be k...

...the demands of the public interest on the one hand and the Applicants’ right to the peaceful enjoyment of their possessions on the other.There has therefore been a violati...down three-pronged test to judge the interference of the Government with the right of ‘peaceful enjoyment of property’: (SCC p. 79, para 53)53. … [In] Bey...prove that the property was in possession and enjoyment of the Appellants in their own independent right and not as a licensee and the Trial Court having held that the First Respondent failed to prove...

...them an individual and excessive burden and upset the fair balance between the demands of the public interest on the one hand and the applicants' right to the peaceful enjoyment of their ...Revamma case6 also mentioned that the European Council of Human Rights importantly laid down three-pronged test to judge the interference of the Government with the right of ‘peaceful ...to for the Grand Chamber Hearing of the ECHR. This case sets the field of adverse possession and its interface with the right to peaceful enjoyment in all its complexity.5...

...: 'Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his ...applicants' right to the peaceful enjoyment of their possessions on the other. There has therefore been a violation of Artic...importantly laid down three-pronged test to judge the interference of the Government with the right of "peaceful enjoyment of property. ...

...on the goodwill and value of the restaurant. Such withdrawal thus constitutes, in the circumstances of the case, an interference with [the applicant's] right to the 'peaceful enjoyment of...Protocol, the first paragraph of which provides:"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his ...) guarantees:"the right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof ex...

...enjoyment of the property in derogation of the right, title and interest hitherto held by the respondents. When they openly and to the knowledge of the respondents continuously remained in possess...that even thereafter for well over 30 years, the appellants continued to remain in possession and enjoyment as owners to the exclusion of the respondents Sukhi and other heirs who asserted their title...kanals and 12 marlas in this appeal.2. It is the case of the respondents that 53 kanals 12 marlas continued to remain in their possession and enjoyment. Parsinni and Chinto...

...properties with absolute rights of title, ownership and peaceful possessions and enjoyment thereof and to restore these rights to the plaintiffs by issuing permanent mandatory injunction against t...ownership, possession, and enjoyment of the suit properties by issuing permanent injunction against the defendants restraining and prohibiting them from any kind of interference in the peaceful...such other enjoyments with effect from month of May 2006, till the ownership and enjoyment of the suit properties are restored to the plaintiffs @ Rs. 12,155 per month, and/or at such future enhanced...

...Protocol 1 which provides:"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions e...) and, in fairness, the appellant should have been warned of the fundamental change in the restrictions in that they intended to limit his right to practice to the NHS alone, thereby depriving him ...an argument under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms that the ban constituted an interference with the right to respect for private life...

...-appellant from interfering with the peaceful possession and enjoyment of the plaintiff-respondent over the suit property.4. It is contended by the learned counsel for the...to defend himself with force. The result is violence, chaos and disorder.” (at pp. 265-66)“In English law possession is a good title of right against...Krishna Ram Mahale v. Shobha Venkat Rao (1989) 4 SCC 131 it was held that where a person is in settled possession of property, even on the assumption that he had no ...

...possession and enjoyment of 18 marlas of the said land. They sought counter-claim of permanent injunction to restrain the appellants from interfering with their possession and enjoyment ...enjoyment of the suit property by the respondent. The counter-claim is referable only in relation to money suits. In other words, in a suit for injunction, the counter-claim is not maintainable. The...addition to his right of pleading a set-off under Rule 6, set up by way of counter-claim against the claim of the plaintiff, any right or claim in respect of a cause of action ac...

...Kingdom) Leasehold Reform Act 1967 were in breach ofthe entitlement to peaceful enjoyment of possessions guaranteed by article 1...enjoyment of their freedom of religion(article 22), their freedom of expression (article 23), and their freedom ofpeaceful assembly (article 24). It would...be at liberty to apply to a Court of competent jurisdiction for adetermination as to his right to compensation and the extent thereof andfor t...

...the right to exclude all others from the possession and enjoyment of it. If he is wrongfully deprived of what he owns, the owner has a right to recover possession of it from the ...enjoyment, right to its access and of other beneficial enjoyment incidental thereto. If any obstruction or hindrance is caused for its enjoyment or use, the owner, of necessity, has the r...court, therefore, is mandated to decide all questions relating to right, title or interest in the property in the execution proceedings and not by way of a separate suit, notwithstanding anything...

...abolishes Barkhali tenure existing as on the date and Barkhali estate shall cease and be vested in the State free from all encumbrances, subject to the provisions of this Act. The Act gives right to the...that the right of the Government to mines and mineral products in all unalienated land is and hereby declared to be expressly reserved provided that nothing in this section shall be deemed to affect any...State Government shall, subject to the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 have all powers necessary for the proper enjoyment and disposal of such rights...

...the property to the respondent temple on 25-5-1980. That the appellant was obstructing and interfering in the peaceful enjoyment of the property by the respondent. It was prayed that the respondent be...declared to be the owner being the vendee from the lawful owner and the appellant be injuncted from interfering with the possession and peaceful enjoyment of the suit property by the respondent...declaration of title and permanent injunction restraining the appellant from disturbing his possession and causing any inconvenience in the peaceful enjoyment of the suit property. In the plaint it was...

...not seem to be right in rejecting the plaint on the ground that it does not disclose any “cause of action”. In our view, the trial court was right in coming to the conclusion that accepting all...manifestly vexatious and meritless in the sense of not disclosing a clear right to sue, it should exercise its power under Order 7 Rule 11 CPC taking care to see that the ground mentioned therein is...plaint under Order 7 Rule 11 of the Code of Civil Procedure was liable to rejection. The High Court by the impugned order passed in miscellaneous second appeal reversed the order of the first appellate...

...with petitioner's possessions and enjoyment without due process of law.The Order of the Court was delivered byG.K. Ilanthiraiyan, J.:— The present Writ Petition has...property without due force of law and consequently forbear the 3 respondent from interfering with petitioner's possessions and enjoyment without due process of law.2. The learned...PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus, directing the 2 respondent to initiate action against the respondents 3 to 5 for...

...the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general p...the respondent raised a petition to the nobile officium for review of Lord Marnoch's decision. The Advocate General for Scotland exercised her right to take part in the proceedings. The petition was...for a public authority to act incompatibly with a Convention right. The expression "public authority" is defined in terms which include the Lord Advocate, who by section 57(2) of the...